6. Remedies
102. States parties shall take all necessary measures to ensure that appropriate
remedies are available in all cases or allegations of violation of the rights to a name,
to birth registration, to acquire a nationality and of the attendant obligation to prevent
statelessness. States parties particularly must establish administrative and judicial
review mechanisms to enable individuals to appeal any decision denying them any
of the rights enshrined in Article 6 of the African Children‟s Charter. The Committee
emphasizes the need to provide for participation of children affected by any such
decision in the manner explained earlier in this General Comment.
7. Recommendations
Pro-active role of States in implementation Article 6
103. The primary responsibility to ensure that a child is registered at birth lies with
his/her parents or caregiver. Nevertheless, States parties are under an obligation to
play an active role in ensuring that education and sensitization campaigns on birth
registration are undertaken all over the country and that the message reaches as
many people as possible. The obligation to play a pro- active role is justified under
Article 20 of the African Children‟s Charter. The Article provides for parents‟
responsibilities with regard to the upbringing and development of the child but also
imposes on States parties a number of obligations intended to complement the role
of parents. In any case, the obligation of to take pro-active steps is required under
the broader obligations to take special measures for the child‟s protection and to
ensure that his/her best interests are at all times given due consideration. Pro-active
State obligations are also engendered by the primary obligation to establish and
maintain decentralized, efficient and effective civil registry systems, so that parents
are in fact enabled to register the births of their children. That these must find their
basis in well thought through and modern legislation which gives effect to the
principles in this General Comment is also indicative of the pro-active obligation
upon State parties.
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